2014 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.135 Court-appointed commissioners to determine division of land jointly held and allotment of dower or curtesy -- Survey requirement.
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381.135 Court-appointed commissioners to determine division of land jointly
held and allotment of dower or curtesy -- Survey requirement.
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(a)
As used in this subsection:
1.
"Ownership interest in a closely held farm corporation or
partnership" means any interest in a farm with one (1) or more of the
shareholders or partners owning twenty percent (20%) or more of
the corporation or partnership.
2.
"Farm" means a tract of at least five (5) contiguous acres used for
the production of agricultural or horticultural crops including, but not
limited to, livestock, livestock products, poultry, poultry products,
grain, hay, pastures, soybeans, tobacco, timber, orchard fruits,
vegetables, flowers, or ornamental plants, including provision for
dwellings for persons and their families who are engaged in the
above agricultural use on the tract, but not including residential
building development for sale or lease to the public.
(b) A person desiring a division of land held jointly with others, a person
desiring an allotment of dower or curtesy, or a person with an ownership
interest of twenty percent (20%) or more in a closely held farm
corporation or partnership may file in the Circuit Court of the county in
which the land or the greater part thereof lies a petition containing a
description of the land, a statement of the names of those having an
interest in it, and the amount of such interest, with a prayer for the division
or allotment; and, thereupon, all persons interested in the property who
have not united in the petition shall be summoned to answer not more
than twenty (20) days after service of the summons. The written
evidences of the title to the land, or copies thereof, if there be any, must
be filed with the petition.
The statutory guardian of an infant or guardian or conservator of a person
adjudged mentally disabled may file or unite in the petition, in the names of,
and in conjunction with such infant or mentally disabled person; and, if the
petition be against an infant or mentally disabled person the guardian or
conservator may appear and defend for them; if they fail to do so, the court
shall appoint a discreet person for that purpose.
Upon such a petition by all interested in the property, or upon the expiration of
twenty (20) days after the service of a summons on all who have an interest in
the property and have not united in the petition, the court may order the
division, or allotment of dower or curtesy, according to the rights of the parties.
The court shall appoint three (3) competent persons as commissioners to
determine the division or allotment of land, having a due regard for the rights of
all parties interested. Before proceeding to act, the commissioners shall take
an oath to discharge their duty impartially.
The order of appointment shall fix a time and place for the meeting of the
commissioners who shall meet accordingly; but, if prevented from meeting at
the time and place so fixed, they may meet as soon thereafter as convenient,
and may adjourn to such other time and place as they may agree upon, until
their duty shall be performed.
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The commissioners shall equitably determine the allotment to the parties of
their respective interests in the land. A registered land surveyor shall perform
the actual survey of the land in accordance with the determination made by the
commissioners, and prepare the descriptions of the land, including all related
maps, plats, and documents, and he shall affix thereto his personal seal and
signature, unless such actual survey and the resultant description, maps, plats,
and documents pertaining to this land are already in existence. The
commissioners shall make report thereof to the court, which may either
confirm, set aside, or remand the report to the commissioners for correction.
If the report be confirmed, a commissioner to be appointed for the purpose
shall, by deed, convey to each party the land allotted to him.
If the report be confirmed by the Circuit Court, it, together with said surveyor's
descriptions, survey and all related documents, and the applicable deeds shall
be certified by the clerk of that court to the county clerk, for record.
Two (2) of the commissioners may act, if one (1) refuses or fails to do so.
A party summoned may, by answer, controvert the allegations of the petition or
contest the rights claimed therein; and, thereupon, the case shall be tried and
decided as an ordinary action, but without the intervention of a jury.
The costs of the action shall be apportioned among the parties in the ratio of
their interests, except that the costs arising from a contest of fact or law shall
be adjudged against the unsuccessful party.
No verification of the pleadings shall be required.
The commissioners and the land surveyor shall be paid a reasonable
compensation, to be taxed as costs.
This section shall not affect the jurisdiction of courts of equity to make partition
or allot dower or curtesy.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 316, sec. 1, effective July 15, 1998. -Amended 1988 Ky. Acts ch. 227, sec. 1, effective July 15, 1988. -- Amended
1982 Ky. Acts ch. 141, sec. 96, effective July 1, 1982. -- Amended 1978 Ky.
Acts ch. 384, sec. 508, effective June 17, 1978. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 302, effective January 2, 1978. -- Amended 1974
Ky. Acts ch. 386, sec. 68. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective
July 1, 1953, from C.C. sec. 499.
Note:
1980 Ky. Acts ch. 396, sec. 105 would have amended this section
effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982
Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
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